Novo Nordisk Pharma: ECJ 20 Nov 2014

ECJ Reference for a preliminary ruling – Directive 85/374/EEC – Consumer protection – Liability for defective products – Material scope of the directive – Special liability system existing on the date of notification of that directive – Permissibility of a national liability system enabling information on the adverse effects of pharmaceutical products to be obtained

Judges:

L Bay Larsen, P

Citations:

[2014] EUECJ C-310/13, ECLI:EU:C:2014:2385

Links:

Bailii

Statutes:

Directive 85/374/EC

Jurisdiction:

European

Citing:

Opinion – Novo Nordisk Pharma ECJ 11-Jun-2014
ECJ Opinion – Consumer protection – Liability for defective products – Scope of Directive 85/374/EC – Exclusion of special liability system existing at the time of notification of the Directive – Eligibility of a . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 30 November 2022; Ref: scu.567371

Novoship (UK) Ltd and Others v Nikitin and Others: CA 4 Jul 2014

The grant of the remedy of an account of profits is available also against someone who has acted dishonestly to assist a trustee to breach his fiduciary obligations, even where the breach did not itself involve a misapplication of trust property.

Judges:

Longmore, Moore-Bick, Lewison LJJ

Citations:

[2014] EWCA Civ 908, [2014] WTLR 1521, [2015] 2 WLR 526, [2014] WLR(D) 297, [2015] 1 QB 499

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Trusts

Updated: 30 November 2022; Ref: scu.533789

Liverpool Women’s Hospital NHS Foundation Trust v Ronayne: CA 17 Jun 2015

The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal succeeded. This was not a case in which there was a sudden appreciation of an event: ‘what the Claimant saw on these two occasions was not in my judgment horrifying by objective standards. Both on the first occasion and on the second the appearance of the Claimant’s wife was as would ordinarily be expected of a person in hospital in the circumstances in which she found herself. What is required in order to found liability is something which is exceptional in nature. On the first occasion she was connected to monitors and drips. The reaction of most people of ordinary robustness to that sight, given the circumstances in which she had been taken into the A. and E. Department, and the knowledge that abnormalities had been found, including a shadow over the lung, necessitating immediate exploratory surgery, would surely be one of relief that the matter was in the hands of the medical professionals, with perhaps a grateful nod to the ready availability of modern medical equipment.’

Judges:

Sullivan, Tomlinson, Beatson LJJ

Citations:

[2015] EWCA Civ 588, [2015] WLR(D) 263

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – Bourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .
Cited – McLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – Taylor v Somerset Health Authority 1993
The plaintiff’s husband had suffered a heart attack at work and soon died at the defendant’s hospital. She went to the hospital within an hour and was told of his death by a doctor about 20 minutes after her arrival. She was shocked and distressed. . .
Cited – Taylorson v Shieldness Produce Ltd 1994
A fourteen year old boy died three days after he had been crushed by a reversing vehicle. The appellants were informed of the accident soon after it occurred and went to the hospital. The boy was seen in the ambulance and as he was rushed to the . .
Cited – Sion v Hampstead Heath Authority CA 1994
A young man was injured in a motor-cycle accident and was taken to the defendant’s hospital. His father attended to him at his bedside for fourteen days, watching him deteriorate in health, fall into a coma and die. The father alleged that the staff . .
Cited – North Glamorgan NHS Trust v Walters CA 6-Dec-2002
A new mother woke in hospital to see her baby (E) fitting. E suffered a major epileptic seizure leading to coma and irreparable brain damage. E was transferred to a London hospital and the following day the claimant was told by a consultant that E’s . .
Cited – Giullietta Galli-Atkinson v Seghal CA 21-Mar-2003
The claimant’s daughter was fatally injured in car accident, dying shortly after. The mother came upon the scene, witnessed a police cordon at the scene of the accident and was told of her death. She later saw the injuries at the mortuary and . .
Cited – Ward v The Leeds Teaching Hospital NHS Trust QBD 2004
The court considered a claim by a mother who had witnessed her 22 year old daughter motionless in the recovery unit after failing to emerge from anaesthesia following a routine operation to remove a wisdom tooth. Four events said to be shocking were . .
Cited – Taylor v A Novo (UK) Ltd CA 18-Mar-2013
The deceased had suffered a head injury at work from the defendant’s admitted negligence. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The . .
Cited – Wild and Another v Southend University Hospital NHS Foundation Trust QBD 3-Dec-2014
Claim for damages arising from alleged want of care of child in the womb, leading to a stillbirth. The claimant father suffered psychiatric damage after being told of the death of his wife’s baby in utero as a result of negligent treatment by . .
Cited – Brock and Another v Northampton General Hospital Nhs Trust and Another QBD 12-Dec-2014
The claimants sought damages after the death of their daughter whilst in the care of the defendant. . .
Cited – Shorter v Surrey and Sussex Healthcare NHS Trust QBD 25-Mar-2015
The claimant saw her sister in undeniably distressing circumstances in hospital. It was suggested that the claimant’s professional background, as a radiographer, gave her an unusual degree of insight into her sister’s medical condition and that, as . .

Cited by:

Cited – Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 30 November 2022; Ref: scu.549103

Novo Nordisk Pharma: ECJ 11 Jun 2014

ECJ Opinion – Consumer protection – Liability for defective products – Scope of Directive 85/374/EC – Exclusion of special liability system existing at the time of notification of the Directive – Eligibility of a national system of liability for inter alia obtaining information on the side effects of pharmaceuticals

Judges:

Maciej Szpunar AG

Citations:

C-310/13, [2014] EUECJ C-310/13 – O

Links:

Bailii

Statutes:

Directive 85/374/EC

Jurisdiction:

European

Cited by:

Opinion – Novo Nordisk Pharma ECJ 20-Nov-2014
ECJ Reference for a preliminary ruling – Directive 85/374/EEC – Consumer protection – Liability for defective products – Material scope of the directive – Special liability system existing on the date of . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 30 November 2022; Ref: scu.526444

Wild and Another v Southend University Hospital NHS Foundation Trust: QBD 3 Dec 2014

Claim for damages arising from alleged want of care of child in the womb, leading to a stillbirth. The claimant father suffered psychiatric damage after being told of the death of his wife’s baby in utero as a result of negligent treatment by clinicians working for the defendant hospital. He argued that Taylor v A. Novo could not preclude a claim ‘in a case where the first manifestation of the injuries sustained by the primary victim occurs in front of (or within sight or hearing of) the secondary victim (or where he comes across the primary victim in the immediate aftermath of this injury) but is separated in time from the act or omission constituting negligence’. In a clinical negligence case where the first manifestation of the negligent act or omission was a shocking event seen, heard or otherwise directly experienced by the secondary victim, a claim would lie. It was argued that it could be seen from the reference to Walters that the Court of Appeal in Taylor v A. Novo had not intended to state any new principle.
Held: The argument failed.
Michael Kent QC, expressed ‘difficulty’ with the proposition because of Lord Dyson’s approval of Auld J’s observation in Taylor v Somerset and his observation that Peter Gibson LJ’s remarks in Walters were obiter. The term ‘external event’ was ‘explained by the context of these claims which is that they are all made by those who are not directly participating in the events which have been engulfed the primary victims and which are in that sense external to the claimant’. It was ‘arguably going too far’ to argue, as the defendant had, that Lord Wilberforce’s reference to the ‘fact and consequence of the negligence’ meant that the negligence must itself be synchronous with the sustaining of shock by the secondary victim. It was ‘a little unlikely’ that the Court of Appeal in Walters had overlooked the fact that the fit was a result of the earlier negligent treatment, so that the cause of action had already accrued prior to the start of the relevant ‘event’. Ultimately, however, it was not necessary to resolve any of these points, because the claimant learned of the death after it had happened and witnessed no shocking event. This was fatal to the claim:

Judges:

Michael Kent QC

Citations:

[2014] EWHC 4053 (QB), [2016] PIQR P3

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Liverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
Cited – Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury

Updated: 30 November 2022; Ref: scu.539569

Shorter v Surrey and Sussex Healthcare NHS Trust: QBD 25 Mar 2015

The claimant saw her sister in undeniably distressing circumstances in hospital. It was suggested that the claimant’s professional background, as a radiographer, gave her an unusual degree of insight into her sister’s medical condition and that, as a result, she would have been more sensitive to events at the hospital and therefore more likely to find them ‘horrifying’.
Held: Swift DBE J said: ‘ . . it seems to me that it is necessary to be cautious in finding that the Claimant’s professional expertise made the sight of Mrs Sharma more ‘horrifying’ than it would have been to a person without that knowledge. I consider that the ‘event’ must be one which would be recognised as ‘horrifying’ by a person of ordinary susceptibility; in other words, by objective standards. After all, certain people would find it more frightening to have no medical knowledge and not to know what was going on; they may feel helpless and isolated. Others may have armed themselves in advance with medical information from the internet which leads them to feel far greater fear than is in fact justified. It would be unfortunate if secondary victims’ claims were to become embroiled in debates about an individual claimant’s level of medical knowledge and its effects upon whether an ‘event’ should be classified as ‘horrifying’.’

Judges:

Swift DBE J

Citations:

[2015] EWHC 614 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Taylor v Somerset Health Authority 1993
The plaintiff’s husband had suffered a heart attack at work and soon died at the defendant’s hospital. She went to the hospital within an hour and was told of his death by a doctor about 20 minutes after her arrival. She was shocked and distressed. . .

Cited by:

Cited – Liverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
Cited – Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury

Updated: 30 November 2022; Ref: scu.544846

DO v AEMF: ECJ 26 Mar 2015

ECJ Judgment – Civil service – ESMA staff – Member of the temporary staff – Non-renewal of contract – Staff report – Delay in drawing up staff report – Inconsistency of general and specific assessments

Judges:

S. Van Raepenbusch (Rapporteur), P

Citations:

F-32/14, [2015] EUECJ F-32/14

Links:

Bailii

Jurisdiction:

European

Employment

Updated: 30 November 2022; Ref: scu.545364

Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship): AdCt 18 Dec 2013

A strike out was sought alleging gross delay and an abuse of process.
Held: The strike out was granted both as to the claim and counter claims.
Hamblen J discussed first the issues surrounding delay: ‘In summary, the authorities provide the following guidance:
(1) There are no hard and fast rules. The court has to make a broad judgment having regard to all relevant circumstances and the justice of the case.
(2) The relevant circumstances may include the length of, explanation for and responsibility for the delay; whether the Defendant has suffered prejudice as a result and if so how it can be compensated for, and whether the delay is such that it is no longer possible to have a fair trial.
(3) A defendant cannot let time go by without taking action so where delay does cause prejudice to him he cannot say that it is entirely the fault of the claimant.
(4) In considering what is the just and proportionate order to make the court should have regard to the alternative sanctions to that of striking out provided by the CPR.’
Hamblen J then said ‘ To commence or to continue proceedings which you have no intention to bring to a conclusion may constitute an abuse of process’

Judges:

Hamblen J

Citations:

[2013] EWHC 4076 (Admlty), [2014] 1 Lloyd’s Rep 606

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Grovit and others v Doctor and others HL 24-Apr-1997
The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The . .
Cited – Habib Bank Limited v Gulzar Haider Jaffer; Habib Bank Limited v Haider Ladhu Jaffer CA 5-Apr-2000
A major litigation action was characterised by persistent delay on behalf of the plaintiffs. They had failed to follow advice given to them by their solicitors regarding the need to make progress. In the circumstances, the delay could only be . .
Cited – Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton CA 16-Dec-1997
The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but . .
Lists of cited by and citing cases may be incomplete.

Transport, Litigation Practice

Updated: 30 November 2022; Ref: scu.519220

Constantinides v Constantinides: FD 6 Nov 2013

The defendant appealed against a Magistrate’s order for his committal for failure to make payments under a maintenance order registered at the court.
Held: The Magistrate did not have power to commit the defendant to prison without having satisfactory evidence of his ability to pay.

Judges:

Holman J

Citations:

[2013] EWHC 3688 (Fam), [2014] 1 WLR 1934, [2014] Fam Law 440, [2014] 2 FLR 736, [2013] WLR(D) 455

Links:

Bailii, WLRD

Statutes:

Maintenance Orders Act 1958 3, Magistrates’ Courts Act 1980 93

Jurisdiction:

England and Wales

Contempt of Court, Magistrates, Family

Updated: 30 November 2022; Ref: scu.519034

Re W: FD 22 May 2013

Application by Local Authority for permission to invoke the inherent jurisdiction of the High Court, with a view to the Local Authority seeking the revocation of an Adoption Order regarding G.
Held: The application was refused.

Judges:

Bodey J

Citations:

[2013] EWHC 1957 (Fam), [2013] Fam Law 1127, [2013] 2 FLR 1609, [2013] 3 FCR 336

Links:

Bailii

Jurisdiction:

England and Wales

Adoption

Updated: 30 November 2022; Ref: scu.514451

Lidl Belgium GmbH and Co KG v Finanzamt Heilbronn: ECJ 15 May 2008

ECJ Freedom of establishment Direct taxation Taking account of losses incurred by a permanent establishment situated in a Member State and belonging to a company which has its registered office in another Member State

Judges:

K Lenaerts, P

Citations:

[2008] EUECJ C-414/06, [2008] STC 3229, [2008] 3 CMLR 2, [2008] ECR I-3601, [2008] STI 1359, [2008] CEC 1049, C-414/06

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – Lidl Belgium GmbH and Co KG v Finanzamt Heilbronn ECJ 14-Feb-2008
ECJ Opinion – Freedom of establishment – Taxation of companies – Company established in one Member State with a permanent establishment in another Member State – Loss made by the permanent establishment. . .

Cited by:

Cited – Revenue and Customs v Marks and Spencer Plc SC 22-May-2013
The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
Held: Lord Hope said: ‘I would answer the first issue by rejecting . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax

Updated: 30 November 2022; Ref: scu.518023

Maria Albertina Gomes Viana Novo v Fundo De Garantia Salarial Ip: ECJ 28 Nov 2013

ECJ Request for a preliminary ruling – Directive 80/987/EEC – Directive 2002/74/EC – Protection of employees in the event of employer’s insolvency – Guarantee institutions – Limitation on the payment obligation of the guarantee institution – Wage claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency

Citations:

C-309/12, [2013] EUECJ C-309/12

Links:

Bailii

Statutes:

Directive 80/987/EEC, Directive 2002/74/EC

Jurisdiction:

European

Employment, Insolvency

Updated: 30 November 2022; Ref: scu.518759

Chubb and Another v Dean and Another: ChD 24 Apr 2013

The court considered whether it had power to award a post judgment interest at a contractual rather than the statutory interest rate.
Held: There is no power of the court in this claim to add any amount beyond the statutory interest to the amount of the judgment debt, and that applies both to the contractual interest and, if the point had still been live, the amount of the facility fee.

Judges:

Cooke J

Citations:

[2013] EWHC 1282 (Ch)

Links:

Bailii

Statutes:

Consumer Credit Act 1974 140A

Jurisdiction:

England and Wales

Citing:

Cited – Rocco Giuseppe and Figli v Tradax Export SA 1983
The Court has no power to award a different rate of interest from the statutory rate. . .
Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contract

Updated: 30 November 2022; Ref: scu.514953

Atrium Traing Services Ltd; Smailes and Another v McNally and Others: ChD 27 Sep 2013

Liquidators of the company brought proceedings alleging fraudulent trading and trading whilst insolvent by its former directors. An application was made for an in-time application for an extension of time for disclosure.
Held: The Court should scrutinise an application for extension more rigorously than before the Jackson reforms and must firmly discourage any easy assumption that an extension would be granted simply on the ground that it would not involve prejudice to the other side. Even so the application succeeded.
Henderson J said: ‘On the other hand I think it is important not to go to the other extreme, and not to encourage unreasonable opposition to extensions which are applied for in time and which involve no significant fresh prejudice to the other parties. In cases of that nature, considerations of cost and proportionality are highly relevant, and the wider interests of justice are likely to be better served by a sensible agreement, or a short unopposed hearing, than by the adoption of entrenched positions and the expenditure of much money and court time in preparing for and dealing with an application that could have been avoided.
I would also observe that, although all court orders mean what they say, and must be complied with even if made by consent, there are some orders relating to the completion of specified stages in preparation for trial (such as disclosure, the exchange of witness statements or a timetable for expert evidence) where there may still be so many imponderables when the order is made that the date for compliance cannot sensibly be regarded as written in stone. Everything will always depend on the circumstances of the particular case, and the stage in the proceedings when the order is made, but in many such cases it should be understood that there may be a need for reasonable extensions of time or other adjustments as the matter develops. It would, I think, be unfortunate if the new and salutary emphasis on compliance with orders were to lead to a situation where, in cases of the general type I have described, a reasonable request for an extension were to be rejected in the hope that the court might be persuaded to refuse any extension at all.’

Judges:

Henderson J

Citations:

[2013] EWHC 2882 (Ch)

Links:

Bailii

Statutes:

Insolvency Act 1986 213 214

Jurisdiction:

England and Wales

Cited by:

Cited – Kaneria v Kaneria and Others ChD 15-Apr-2014
The parties were embroiled in a company dispute with allegations of conduct prejudicial to minority shareholders. An application was now made for sanctions for a failure to comply with court directions.
Held: Unless and until a higher Court . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Litigation Practice

Updated: 30 November 2022; Ref: scu.516285

Schmitt v Deichmann and Others: ChD 23 Jan 2012

The court heard appeal from an Order granting the applicant, the German administrator of Phoenix Kapitaldienst GmbH, recognition under the common law and authority to exercise the powers afforded to licensed insolvency practitioners under the Insolvency Act 1986. The Recognition Order was made on a without notice application.

Judges:

Proudman J

Citations:

[2012] EWHC 62 (Ch), [2012] ILPr 18, [2012] 3 WLR 681, [2013] Ch 61, [2012] WLR(D) 8, [2012] BCC 561, [2012] 2 All ER 1217, [2012] BPIR 392

Links:

Bailii, WLRD

Statutes:

Insolvency Act 1986

Jurisdiction:

England and Wales

Insolvency

Updated: 30 November 2022; Ref: scu.450457

L v Director of Public Prosecutions and Others: Admn 12 Mar 2013

Renewed applications for judicial review in each of which the claimants challenge the decision of the Crown Prosecution Service not to prosecute.
The principle of the separation of powers leads to the adoption of a ‘very strict self-denying ordinance’.

Judges:

Sir John Thomas P QBD, Simon J

Citations:

[2013] EWHC 1752 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Monica, Regina (on The Application of) v Director of Public Prosecutions Admn 14-Dec-2018
Deception as to identity did not undermine consent
The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape.
Held: Her claim failed. Case . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 30 November 2022; Ref: scu.511038

The Washington Post Company (Patent): IPO 24 Apr 2013

IPO The application relates to a data processing system and method in which tailored content is sent from the data processing system to a user’s computer based on a user record that the user can update. There is a data repository in which information files and their associated metadata are stored and the data processing system is used to selectively retrieve information files from the repository and provide a set of results to the user in the form of an executable document transferred across a network. A two-stage filtering process based upon attributes previously selected by the user is used to selectively retrieve the content which is presented to the user as the executable document when they select one of their ‘channels’. The user record is modified when the user selects certain mark-up associated with the information file, the mark-up also being displayed as part of the executable document. The user record is also displayed.
The Hearing Officer applied the Aerotel/Macrossan test in light of Symbian and noting the signposts found in the ATandT/Cvon judgment. The Hearing Officer concluded that the actual contribution did not satisfy any of the signposts and found that the contribution related solely to excluded matter as a computer program as such. The application was refused.

Citations:

[2013] UKIntelP o16313

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 30 November 2022; Ref: scu.511204

Pierre Fabre Dermo-Cosmetique (Competition): ECJ 3 Mar 2011

ECJ Article 81(1) EC – Competition – Selective distribution – General and absolute ban on selling cosmetics and personal care products to end-users via the internet – Restriction of competition by object – Regulation (EC) No 2790/1999 – Article 4(c) – Restriction of active and passive sales – Hardcore restriction – Individual exemption – Article 81(3) EC.

Citations:

C-439/09, [2011] EUECJ C-439/09 – O, [2011] EUECJ C-439/09

Links:

Bailii, Bailii

Jurisdiction:

European

European

Updated: 30 November 2022; Ref: scu.430341

Annco v OHMI-Freche And Fils (Ann Taylor Loft) (Intellectual Property): ECFI 17 Feb 2011

ECFI Community trade mark – Opposition proceedings – Application for the Community word mark ANN TAYLOR LOFT – Earlier national word mark LOFT – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009.

Citations:

T-385/09, [2011] EUECJ T-385/09

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 30 November 2022; Ref: scu.430194

Griffiths v WE and DT Cave Ltd: CA 4 Dec 1998

The parties had entered into an option agreement, but now disputed the price to be paid on its exercise.

Judges:

Morritt, Aldous, Hutchison LLJ

Citations:

(1998) 78 P and CR 8, [1998] EWCA Civ 1972

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Multi-Link Leisure Developments Ltd v Lanarkshire Council SC 17-Nov-2010
The parties disputed the effect of an option clause in a lease, and particularly whether, when fixing the price, potential for development was to be included. The clause required the ‘full market value’ to be paid. The tenant appealed.
Held: . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 30 November 2022; Ref: scu.426041

Martin-Sklan, Regina (on The Application of) v London Borough of Barnet: Admn 13 Aug 2010

Judicial review application for permission concerns the actions of the London Borough of Barnet in creating a children’s playground in Brookside Open Space without the planning permission it needed and without the authority of the relevant committee or officers of the Council.

Judges:

Ouseley J

Citations:

[2010] EWHC 2482 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning, Local Government

Updated: 30 November 2022; Ref: scu.425329

The Case of Thomas Burdet, Warwick: 1792

To cast and calculate by magic arts the nativity of the King or heir-apparent in order to find out the time of their death, and in consequence of such enquiries to publish that they would soon die, with a view to alienate the affections of their subjects, was a compassing arid imagining of the death of the King.

Citations:

[1792] EngR 2488, (1792) Cro Car 121, (1792) 79 ER 706 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 30 November 2022; Ref: scu.360700

The Churchwardens of St Ann’s Westminster: 1792

The Spiritual Court may compel the payment of a tax for the repairs of a church.
Upon a motion for a prohibition to stay a suit against J S for not paying a tax imposed by the churchwardens and other parishioners, for building the church of St.
Ann’s in Westminster ; per Holt Chief Justice, a suit may be in the Spiritual Court for non-payment of a tax assessed for repairs of a church, but not for building a
church.

Citations:

[1792] EngR 2489, (1792) 1 Ld Raym 512, (1792) 91 ER 1242 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Ecclesiastical

Updated: 30 November 2022; Ref: scu.360701